There is no question the Colorado Department of Human Services made a deplorable decision to conduct body checks on residents of state-run group homes without their guardians’ permission.
A state health department report released last week said the the body checks, which occurred in March, violated the “privacy, dignity and respect” of the clients.
Indeed, the report notes, the body inspections resulted in residents being “confused and “scared,” with some “distraught to the point it negatively affected their behavior.”
Human Services Director Reggie Bicha admits it was a bad call and regrets the decision.
The incident is being seized by some legislators and critics of the department to again question the quality of DHS leadership. That’s their prerogative, but it seems to overlook the larger story here.
The body checks were authorized in the first place because of suspicions that state-run group homes were a terrible mess — and it turns out they were.
In November, nonverbal residents in a Pueblo home were found with threatening words scratched into their backs and stomachs. The incident wasn’t reported by staff.
In February, two residents — one of whom needed intense supervision — stole a staff vehicle and left the facility. Further investigation found staff had covered up abuse and a staffer had reportedly threatened to kill a resident.
After gathering the facts, Human Services took swift action — putting 14 group home staffers on leave and coordinating with law enforcement. And last month, the Pueblo Sheriff’s Office asked the district attorney to file charges in six cases.
The director of the group homes has retired. Even the bungled body checks resulted in 10 new cases of neglect and improper care.
In its response to the health department’s findings, Human Services originally argued that informed consent does not require guardian approval for investigations into abuse or neglect.
But Bicha told The Denver Post this week that the issues around consent need “further understanding and clarity.” He will put together a group of stakeholders “to look into this issue of consent and provide us with recommendations.”
He also acknowledged once again that not involving guardians before the March body checks was a bad mistake — even if done with the goal of finding wrongdoing.
It’s a mistake that must never be repeated.
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